Terminating Income Withholding for Child Support by Agreement
Child Support & Medical Support
Learn about how to terminate income withholding including what you need from the court and the other party, if the Office of the Attorney General needs to be involved, if you need an agreement to terminate, and what to do if you do or do not have an agreement.
How do I terminate income withholding from Obligor’s employer if both parents agree?
If your case was processed by the Child Support Division of the Office of the Attorney General of Texas (OAG), contact your regional Attorney General’s office to process the termination administratively. Use the Find Child Support Locations tool on the OAG's website to find your regional OAG's office.
If you handled your child support case privately—without the assistance of the Texas Attorney General’s office—contact the district clerk’s office in your county and ask how the clerk processes Requests to Terminate Income Withholding for Child Support.
Tip: This may also be called a Motion to Terminate Income Withholding.
Do I need a signed order for the clerk to issue a notice/order to terminate income withholding for child support by agreement?
It is likely—but may not be required in your county. Some clerk’s offices require a signed order by a judge indicating that income withholding is terminated before the clerk will send a termination of withholding order/notice to the employer of the obligor (the parent who pays child support).
Call your district clerk’s office to confirm what your court requires.
Do I need to file a Request to Terminate Income Withholding for Child Support with the clerk?
Maybe. Call your clerk to ask if this form is necessary for your situation. This request only applies to your situation if:
- Both the obligor and obligee (the parent who has received the child support) agree to terminate income withholding for child support
and
- The child becomes 18 years of age or graduates from high school, or
- The child’s disabilities of minority are removed by marriage, court order, or another operation of law, or
- The child dies, or
- The obligor initiated voluntary withholding.
Do I need to submit a proposed order to be signed by a judge to terminate income withholding by agreement?
Maybe. Call your local district clerk to find out if the judge needs to sign an order before the clerk can issue a notice/order to terminate withholding to the obligor’s employer. Use the Order to Employer to Terminate Withholding for Support as a proposed order to file with the court.
Will the child support office need to be involved to terminate income withholding by Agreement?
Maybe. Some clerks require proof or an accounting from the Child Support Office indicating that the child support obligation has terminated and that there are no arrears before the clerk will issue an Order/Notice to Terminate to the Obligor’s employer.
Is there a court fee to terminate income withholding for child support by agreement?
Yes. The Texas Family Code indicates the clerk may charge a reasonable filing fee not to exceed $15 to file a Request for Termination of Withholding Order. Texas Family Code 158.403(c).
Call your district clerk’s office to see what fees will apply in your situation.
Should I talk with a lawyer to find out if I can request that child support withholding stop?
Yes! If possible, talk with a lawyer. You can hire a lawyer just to give you advice and review your forms, or represent you at a hearing. This is called limited scope representation, which is one way to make private attorneys more affordable. If you need help finding a lawyer, you can:
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Our Legal Help Directory can help you locate a legal aid office, lawyer referral service, or self-help center in your area.
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Check our Legal Events and Clinics page for free legal clinics in your area.
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Use Ask a Question to chat online with a lawyer or law student.
What do I do if the other parent does not agree to stop child support withholding?
If the other parent does not agree to a joint request to stop child support withholding, then you may have to file a petition to terminate withholding for child support and go to court.
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Related Forms
Petition to Terminate Withholding for Child Support - Guided Form
FM-IW2-100-Int
Record of Support Order
Form 1828A (ROS/App)
Income Withholding for Support
FM-IW-200
Order to Employer to Terminate Withholding for Support
FM-IW-104